HomeMy WebLinkAbout2008-2262.Matwichuk.09-04-02 Decision
Commission de
Crown Employees
Grievance Settlement
règlement des griefs
Board
des employés de la
Couronne
Suite 600 Bureau 600
180 Dundas St. West 180, rue Dundas Ouest
Toronto, Ontario M5G 1Z8 Toronto (Ontario) M5G 1Z8
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GSB#2008-2262
UNION#2007-0582-0203
IN THE MATTER OF AN ARBITRATION
Under
THE CROWN EMPLOYEES COLLECTIVE BARGAINING ACT
Before
THE GRIEVANCE SETTLEMENT BOARD
BETWEEN
Ontario Public Service Employees Union
(Matwichuk)
Union
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services)
Employer
BEFOREVice-Chair
Deborah J.D. Leighton
FOR THE UNION
Stacey Zafiriadis
Ontario Public Service Employees Union
Grievance Officer
FOR THE EMPLOYER
Diane Cotton
Ministry of Community Safety and
Correctional Services
Manager ? Client Services
HEARINGMarch 25, 2009.
2
Decision
[1]Mr. David Matwichuk, a correctional officer at the Toronto East Detention Centre,
grieved on October 17, 2007, that management violated Article 49 of the collective
agreement, when it denied his request for three days leave of absence for special and
compassionate grounds because he was getting married. The employer denied that it had
violated the collective agreement and noted that the employer has the discretion whether
to grant this leave or not. The test in such cases is whether the employer has considered
the request and the reasons for it. The employer submitted that it had carefully
considered the request and given all the circumstance it denied the leave.
[2]The parties referred this grievance to mediation/arbitration in accordance with Article
22.16 of the Collective Agreement. At the outset of the hearing the parties agreed that I
had the jurisdiction to deal with this matter and they asked that I issue a decision without
written reasons in accord with the provisions for expedited hearings under Article 22.16.
[3]Having carefully considered the submissions of the parties, as well as the jurisprudence
of the Board, I hereby dismiss this grievance.
nd
Dated at Toronto this 2 day of April 2009.
Deborah J.D. Leighton, Vice-Chair